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Italian Restaurant In Court For Allegedly Underpaying Two Migrant Workers

Italian restaurant in court for allegedly underpaying two migrant workers

An Italian restaurant in North Queensland is facing court for allegedly underpaying two migrant workers.

The Fair Work Ombudsman accuses the operator of failing to comply with a Compliance Notice.

Italian restaurant in court for allegedly underpaying migrant workers

Facing the Federal Circuit is Niculin Crameri and his company Engiadigna Pty Ltd which runs Nick’s Swiss Italian Restaurant at Yungaburra.

Fair Work commenced an investigation as a result of receiving wage theft complaints from the two workers.

Both are visa holders who worked as a chef and waiter.

As a result of the investigation, inspectors formed the belief Crameri had underpaid the workers:

  • minimum wages,
  • penalty rates
  • and overtime.

Fair Work consequently issued Crameri a Compliance Notice requiring him and his company to calculate and back-pay the worker’s entitlements.

Failure to comply

The regulator now alleges Crameri and his company failed to comply with the Compliance Notice.

Fair Work Ombudsman Sandra Parker says the regulator will continue to enforce workplace laws despite the COVID-19 pandemic.

“Under the Fair Work Act, Compliance Notices are important tools used by inspectors if they form a belief that an employer has breached workplace laws.

“Where employers do not comply with our requests, we will take appropriate action to protect employees.

“A court can order the business to pay penalties in addition to back-paying workers.”

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Fair Work is seeking penalties against Engiadigna and Crameri, as a result of the alleged underpayments.

Furthermore, it is seeking orders for the employer to comply with the Compliance Notice, including rectifying the underpayments, plus superannuation and interest.

Engiadigna is facing a maximum penalty of $31,500, while Crameri is facing a maximum penalty of $6,300.

The Federal Circuit Court has a directions hearing listed in Brisbane on 4 September 2020.

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